Divorce

I am a mother of 2 minor kids.a girl aged 9 n a boy aged 7.i want divorce on grounds of adultery.i have proofs of my husbands adultery.he took away my son and is not letting me meet or talk to him.he is not ready for divorce bt I cant consider reconcilation.he is elleging me.of having an extra marital affair which is not true.

Asked 10 months ago in Family Law from Srinagar, Jammu and Kashmir

Religion: Muslim

1) you can obtain divorce from your husband under provisions of Dissolution of Muslim Marriages Act 1939: on the grounds of cruelty
2) having an extra marital affair amounts to cruelty
3) accusing wife of having an extra marital affair amounts to cruelty
4) you can in divorce petition seek custody of your child . Among the Hanafis, it is an established rule that mother's right of hizanat over her son terminates on the latter's completing the age of 7 years. .
5) court would atleast award you visitation rights

You can file a divorce petition on ground of husband indulging in adultery if the same can be proved. As far as the custody of your son is concerned you can file an application in the divorce proceeding or under a separate act. His bald allegation could be a counter only to justify his own conduct You don't have to hold back your action on this allegation.

You are free to file for divorce on the ground of adultery with the evidence you have. A petition for child custody is required to be filed by you to get their custody, which will be decided on the basis of welfare of child. The courts ordinarily award custody of minors to the mother unless the husband can prove that he is better placed than mother to secure the welfare of child.

It does not matter that he is not ready for divorce. under Dissolution of Muslim Marriages Act, adultery is a ground of divorce and if you prove it beyond reasonable doubt you became entitle for divorce without consent of husband because he has no ground to live with you.

Yes, you can apply for divorce on the grounds of adultery if you have evidences to prove his adulterous life.
The adulterer has to be impleaded as a second respondent in the divorce petition. if your child is held by him, you may apply for child custody case to bring the child back to your fold.
Consult a local lawyer and proceed.

Disclaimer: The lawyer listings on Kaanoon.com do not constitute a referral or endorsement by Kaanoon.com. Kaanoon.com is not an advertising service for lawyers. Kaanoon.com is providing legal information for nominal charges. Your access to and use of this site is subject to our Terms of Use.